Michigan Assault and Self Defense Laws

As an effective
Michigan AssaultAttorney, I defend those accused of (simple)
Assault, Assault and Battery, Domestic Assault, Aggravated Assault, Felonious Assault, (to name a few) in Michigan Courts on a daily basis. If you find yourself
facing any one of these charges you may very well be asking yourself the
question of whether or not you could invoke the legal theory ofself defense in your case.

Self Defense is applicable to more situations than people charged with these assaultive
crimes tend to believe, at first. You may not have been aware that Michiganhas aSelf Defense, Act MCL 780.971, et seq. It reads exactly as follows with regard to the use of non-deadly force inSelf Defense:

"[a]n individual who has not or is not engaged in the commission of
a crime at the time he or she uses force, other than deadly force, may
use force, other than deadly force, against another individual anywhere
he or she has the legal right to be with no duty to retreat if he or she
honestly and reasonable believes that the use of that force is necessary
to defend himself or herself or another individual from the imminent unlawful
use of force by another individual."

Throughout the years, the Michigan Assault case law that has developed
around the Self Defense Act, and the common law of Self Defense itself, has greatly
expanded and profoundly complicated the scenarios of when you can and
cannot claim self defense.

Here are the general principles of Self Defense when facing a Michigan
Assault charge:

1) you have the right to use force to defend yourself under certain circumstances.
If you act in lawful self defense or defense of others, your actions are
justified, and you are not guilty of the 'Assault' you are charged with.

2) in a Michigan Assault charge, your conduct will be judged according
to how the circumstances appeared to you at the time (moment) of the incident.

3) at the time of the incident, you must not have been engaged in the commission
of a crime (i.e. unlawful entry into the home or building of another, etc.)

4) you must have honestly and reasonably believed that you had to use force
to protect yourself from the imminent unlawful use of force by another.
If, during the trial of a Michigan Assault charge, a Judge or Jury finds
that your belief was honest and reasonable, it means you were allowed
to act right away to defend yourself. You DO NOT have to wait until the
other person touches you, grabs you, or hits you, in order to hit them.
(this is true even if later it turns out that you were wrong about how
much danger you were in).

5) to beat the Michigan Assault charge using the Self Defense Act, you
are only allowed to use the degree of force that seems necessary at the
time to protect yourself from danger. You must have used the kind of force
that was appropriate to the attack made and the circumstances as you saw
them. When the Judge or Jury decides whether the force you used was what
seemed necessary, they will consider whether you knew about any other
ways of protecting yourself. However, they are also allowed to consider
how the excitement of the moment affected the choice you made. As the
Michigan Supreme Court once stated, "a person in a state of excitement
cannot be expected to make fine distinctions as to the extent of injuries
likely to be inflicted and, thus, the amount of force needed for self-defense".

6) the right to defend yourself lasts only as long as seems necessary for
the purpose of protection.

7) you must not have acted wrongfully in the first place to bring about
the assault.

A good Michigan Assault Attorney understands the finer details of the law and can, even without going to
Trial, present your case to the Prosecuting Attorney in a light that shows
the high likelihood of Self Defense, encouraging the best possible plea
deal (if applicable and/or the defendant is interested).

If you are facing a Michigan
Assault, Assault and Battery, Aggravated Assault, or any of the various types of
Felonious Assault charges, call our office today at
(248) 731-4543. All phone conversations and emails are privileged and confidential, and
our initial consultation is free.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.